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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 15806
Experience:  Lawyer and current JAG officer.
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Hello hows it going. I was recently informed Im under investigation

Resolved Question:

Hello how's it going. I was recently informed I'm under investigation for a breaking and entering of an apartment above a friends. I was drinking (underage) and I thought it was the apartment I was supposed to be at so I opened the window and crawled in when nobody answered the door. Realized I was in the wrong place so I just left, apparently the "friend" gave my name to the owner and the police did some investigating. What should I do? I went to the lady's house to apologize about what happened and I also talked to an investigator but made no official statement.
Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for your question today, I look forward to assisting you. I have nearly 20 years of legal experience in various disciplines, including JAG.

 

Technically, they can use your statement against you, provided that they read your rights to you prior to having you talk to them.

 

Any statement that you make, written or oral, can be used against you. Now, your command has to figure out what they actually want to do. They technically can charge you, as you entered the home and did not have permission to be there. Your mistake of fact, while perhaps helpful as a defense, is not a complete defense to the claim.

 

Command will have the choose how to proceed. They may choose to counsel you, based on the lack of harm and really any intent.

Customer: replied 1 year ago.

Well I have not been read any rights because I was not taken into custody, I went in on my own (stupidly now that I know what I know) because I was trying to find out what I could do so I went in to try and sort it out but I'm pretty sure the detective was just telling me what I wanted to hear so I would make a written or recorded oral statement, which I did not. My command does not know yet and I'm not sure if I should bring it up or not and risk it if nothing happens.

Expert:  Allen M., Esq. replied 1 year ago.

Ok. So, you volunteered the information, they can still use it.

 

Yes, they probably were telling you what you wanted to hear, but unfortunately, that isn't illegal. They can actually lie to you, if they wish.

 

I wouldn't necessarily bring it up to command. Leave it and see what happens. They'll either be told and will have to deal with it, or they won't. If you weren't arrested, there isn't a legal issue yet.

Customer: replied 1 year ago.

Alright thank you sir. Also one more question, the detective told me that if the homeowner didnt want to charge me, then it can all get dropped as if it didnt happen. Is this possible? She too is in the military and now that I have talked to her I'm not sure if she still wants me to get in trouble for it.

Expert:  Allen M., Esq. replied 1 year ago.

It is possible from the civilian stand point, yes.

 

The military doesn't need a person to press charges, though they would want the cooperation of that person as a witness and it would be hard to force them, but much easier as she is a military member.

Customer: replied 1 year ago.

She texted me today saying I have 2 options, to be charged criminally or to go through my chain of command. I told her through CoC and she said the detective would handle it. How is it possible for a civilian pd to bring it to my CoC?

Expert:  Allen M., Esq. replied 1 year ago.

The military handles cases all the time that begin with a civilian detective.

 

She'll have to just let the detective know that she'd prefer the military to have jurisdiction over the matter and then the CoC will be notified that they have a case. They'll have to work with JAG to retain jurisdiction.

 

If you have any further questions, please ask. Otherwise, I'll ask that you rate my service for any one of the questions I've answered, from yesterday or today.

Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 15806
Experience: Lawyer and current JAG officer.
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